SPAIN | Accommodation | Cultural information
Rental contract
Should you wish to rent a flat or find out more about your rights and obligations regarding your rental contract, you should take into account that at the present time this is covered by the Spanish Law on Urban Leasing (1994). The law includes all rental contracts in effect from 1995. Whenever you have any doubt about the legality of a contract you should go to:
1. Property Registry
2. Chamber of Commerce and Industry
3. City Councils and State Institutions
4. Notaries´and Lawyers´offices
Practical Advice
Before signing the contract, you should clarify the following issues:
- Who is the landlord? Try to find out who is the person renting the flat. For this purpose you have to go to the Property Registry of the province where you will get all the information needed. It’s necessary to check carefully the terms of the contract you are going to sign or, if there is an intermediary, if he/she is entitled to rent it out.
- Thorough inspection: Every time you are shown a flat you should not be shy and inspect it carefully and thoroughly. It is advisable to examine everything in the flat carefully. Pay special attention to plumbing, light switches, closet doors and electrical appliances. Make sure that everything works properly.
- Expenses: Who pays for electricity and water, for example? Ask if the rent includes all utility expenses (such as electricity, gas, heating, hot water…) or, on the contrary, if the tenant pays for them separately. In many cases, depending on the contract signed with the landlord, they will pay for water and owner’s association expenses and will simply request an additional monthly amount from you. However, you may need to register for these services and, therefore, deal with it personally.
- Inventory: In furnished houses it is advisable to make a detailed list of all the items and furniture in the house and have the inventory list signed by both you and the landlord. Remember that any damages to these items or if something goes missing from the inventory, the landlord will charge for it once you leave the flat.
- Guarantee, payslip, deposit...? Obviously, the landlord doesn't want to be unprotected in case of any possible abuse from the tenant. For this reason, there are different forms of "security", the most common being a deposit usually in the amount of one month’s rent. Thus, if when leaving the flat there is some damage, the owner will keep this deposit to repair it. Also, as a precaution against a tenant's possible insolvency, a photocopy of the tenant’s payslip or a bank guarantee for a certain amount that is usually equivalent to a month’s rent is usually requested. Spanish Law on Urban Leasing provides that the tenants are obligated to pay a deposit. This cannot be more than a month’s rent for living purposes, or two month’s rent for some other purpose other than living. When the flat is furnished, the owner decides on the amount of the deposit according to the value of the flat’s content.
- Rental Agreement: It should be signed when the leasing terms have been agreed upon. The tenants will pay for a month’s rent plus the deposit (another month’s rent). Spend all the time you need reading the contract in full, ask and clarify any doubts you have before signing anything. It is important to settle the duration of the rental period. The current law prescribes by default a duration of one year when the rental period is not specified. In any case, if the rent is for less than one year, the law facilitates a series of renewals for up to a five year period.
- Flat Alterations: The owner is obligated to carry out all the necessary repairs to keep the premises in a fit and habitable condition, unless the tenant has caused the damage to be repaired or if the housing has been destroyed by causes not liable to the owner (fire, flood...) bringing about the termination of the contract. The owner-landlord won't be entitled to raise the rent on these suppositions. The tenant will pay small repairs demanded by the reasonable wear of everyday use of the flat. Alterations to adapt the flat for a handicapped person: The tenant, prior to written notification to the landlord, can carry out any necessary alterations in the house to adjust it to the needs of the handicapped tenant. At the end of the contract the tenant will be obligated to restore the house to its prior state at the landlord’s request.
Model of rental contract between private individuals: http://www.todalaley.com/mostrarFormulario5.htm
inventory checklist of furniture and equipment: http://www.todalaley.com/mostrarFormulario12.htm